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(영문) 인천지방법원 부천지원 2012.12.26 2012고단1917

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2012, from around 22:50 to 23:20 on the same day, the Defendant obstructed the victim’s restaurant business by drinking alcohol in the “D” restaurant under the care of the victim C, which is located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, and taking the floor of the above restaurant entrance, and putting the victim “YY YY YY YY YYY YYYYYY YYYYYYYYYY ACTYYYYYYYYYYYY ACTYYYYYYYYYYYY ACTYYYYYYYYYY

2. On October 27, 2012, around 23:25, at the same place as Paragraph (1) and at the same time, the Defendant was urged to return home from F, who was called up after receiving a report for the same reason as Paragraph (1), and the above F, “I will die, I will do so, I will do so,” and the Defendant considered F, as “I will do so, I will see that I will do so, I will see that I will do so, and I will see the police uniforms of F in good faith.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to F and C;

1. Copies of identification cards of public officials;

1. A copy of the work log in the E district;

1. Application of the Acts and subordinate statutes to photographs of the damaged part of police officers' outer posts;

1. Relevant Article 136(1) and Article 314(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do144, Mar. 1, 2011>

1. Social service order under Article 62-2 of the Criminal Act;